The Sexually Dangerous Persons Unit

The Sexually Dangerous Person Unit of the Plymouth County District
Attorney´s Office is dedicated to the safety and well being of the communities in
Plymouth County.

The unit was formed in 1999 in response to legislation that provides for the protection of
the general public that may be jeopardized if a certain class of sex offenders, who are in
need of sex offender treatment in a secure setting, were released into the community after
the expiration of their criminal sentence.

The law is not criminal but rather is civil.

The purpose of the law is not to punish but instead, is intended to provide the convicted
sex offender with sex offender treatment in a secure facility.

The unit is responsible for reviewing cases to determine if a convicted sex offender is an
appropriate candidate for the application of the statute.

This review process begins when an agency with custody of a person who has been convicted
of a sexual offense notifies the District Attorney that the person´s release is anticipated
within the next six months. During the review, records of the sex offender
are considered, a mental health criterion is applied and an effort is made to determine
whether there is reason to believe the convicted sex offender is likely to sexually
re-offend in the future.

A petition to civilly commit the person is filed by the District Attorney´s office if the
person has the requisite mental condition and a qualified expert opines that the person
is reasonably expected to commit a sexual offense unless confined to a secure facility.

After the petition is filed, the court must find that there is probable cause to believe
the person has the necessary mental condition and is likely to re-offend.

If the court finds probable cause, the sex offender is committed for evaluation by two
experts, who are appointed by the court from a list created by the Department of Corrections.

After the court appointed experts file their reports with the court, the District Attorney´s
Office reviews all available information in the case and makes a determination whether to
file a motion for trial or a motion to dismiss the petition.

If the District Attorney´s Office brings the case to trial, the district attorney is
required to prove unanimously and beyond a reasonable doubt that the person meets all the
criteria for sexual dangerousness as set out in the statute. If the jury or
judge finds the individual sexually dangerous, then the individual is committed for
treatment for an indeterminate period of a minimum of one day and a maximum of life.

The person committed to the treatment center may file a petition for examination and
discharge once in every twelve months.

Changes in the Law

In the early morning hours of July 19, 2002, Alexandra Zapp was brutally murdered in a
Burger King restroom on Route 24 in Bridgewater. Alexandra did not know the
man who stabbed her to death, but the criminal justice system did.

The person convicted of her murder had a long history of violent sexual assaults against
women, including raping a woman at knifepoint. In the months prior to the
murder of Alexandra Zapp, The District Attorney´s Office tried to have her killer
committed as a sexually dangerous person. That petition was dismissed because
of a loophole in the law.

Within six days of Alexandra´s murder, District Attorney Cruz moved to close the loopholes
in the SDP law.

Finally, 20 months after her death, legislation was passed to close those loopholes and
help keep sexually dangerous predators off of our streets.